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TUSHAR RAO GEDELA
Salahuddin – Appellant
Versus
Nayab Ahmed Shakir – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APP No. 9595/2023
1. This is an application seeking exemption from filing certified copies of the annexures.
2. Exemption is allowed, subject to all just exceptions.
3. Application stands disposed of.
CM(M) 313/2023 & CM APP No. 9594/2023 (Stay)
4. The petitioner challenges the order dated 17.08.2022 passed by learned First Appellate Court (RCT) in RCT No. 69/2022 titled `Salahuddin & Anr. vs. Nayab Ahmed Shakir & Ors.'.
5. Mr. Ashok Gurnani, learned counsel for petitioner submits that despite having filed the appeal under Section 38 of DRC Act, 1958, the application under Order XXXIX Rules 1 and 2 of CPC, 1908, seeking stay of the decree and execution proceedings, the learned RCT has not passed any interim order.
6. Learned counsel also submits that in the meanwhile, the learned ARC had, vide its order dated 14.07.2022 directed appointment of a Bailiff for the purposes of execution of the decree of possession.
7. Mr. Anil Bhasin, learned counsel for the respondent draws attention of this Court to paragraph 2 of order dated 14.07.2022 passed by ARC noting that there was a failure in
Emphasis on expeditious disposal of appeals and strict adherence to timelines for granting relief.
A litigant's right to file and maintain an application is fundamental and should not be curtailed without proper legal basis.
The executing court is bound to consider the findings of a Court-appointed Local Commissioner while carrying out execution proceedings to ensure the integrity and specific scope of the order being en....
The court emphasized the importance of affording an opportunity to challenge a judgment before execution proceeds, ensuring justice is served under the relevant Rent Control Act.
In judicial proceedings involving ejectment under Rent Act, execution orders should be stayed during appeals to prevent serious civil consequences and ensure fair trial.
The refusal of stay based on the conduct of the judgment-debtor and the principles of res judicata, as well as the emphasis on expeditious disposal of execution proceedings, were the central legal po....
The need for the Executing Court to consider objections filed under Order XXI Rule 99 of the CPC, 1908 before proceeding with execution proceedings.
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